§ 36-3-1-6.1 — Consolidation of fire departments

Indiana § 36-3-1-6.1

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 3: GOVERNMENT OF INDIANAPOLIS AND
• Ch. 1: Consolidation and Transfer of Powers

Text

1. (a) This section applies only in a county
containing a consolidated city. If the requirements of subsection (g) are
satisfied, the fire departments of the following are consolidated into the
fire department of a consolidated city (referred to as "the consolidated
fire department"):
(1) A township for which the consolidation is approved by the
township legislative body and trustee and the legislative body and
mayor of the consolidated city.
(2) Any fire protection territory established under IC 36-8-19 that
is located in a township described in subdivision (1).
(b) If the requirements of subsection (g) are satisfied, the
consolidated fire department shall provide fire protection services
within an entity described in subsection (a)(1) or (a)(2) in which the
requirements of subsection (g) are satisfied on the date agreed to in the
resolution of the township legislative body and the ordinance of the
legislative body of the consolidated city.
(c) If the requirements of subsection (g) are satisfied and the fire
department of an entity listed in subsection (a) is consolidated into the
fire department of the consolidated city, all of the property, equipment,
records, rights, and contracts of the department consolidated into the
fire department of the consolidated city are:
(1) transferred to; or
(2) assumed by;
the consolidated city on the effective date of the consolidation.
However, real property other than real property used as a fire station
may be transferred only on terms mutually agreed to by the legislative
body and mayor of the consolidated city and the trustee and legislative
body of the township in which that real property is located.
(d) If the requirements of subsection (g) are satisfied and the fire
department of an entity listed in subsection (a) is consolidated into the
fire department of the consolidated city, the employees of the fire
department consolidated into the fire department of the consolidated
city cease employment with the department of the entity listed in
subsection (a) and become employees of the consolidated fire
department on the effective date of the consolidation. The consolidated
city shall assume all agreements with labor organizations that:
(1) are in effect on the effective date of the consolidation; and
(2) apply to employees of the department consolidated into the
fire department of the consolidated city who become employees
of the consolidated fire department.
(e) If the requirements of subsection (g) are satisfied and the fire
department of an entity listed in subsection (a) is consolidated into the
fire department of a consolidated city, the indebtedness related to fire
protection services incurred before the effective date of the
consolidation by the entity or a building, holding, or leasing
corporation on behalf of the entity whose fire department is
consolidated into the consolidated fire department under subsection (a)
shall remain the debt of the entity and does not become and may not be
assumed by the consolidated city. Indebtedness related to fire
protection services that is incurred by the consolidated city before the
effective date of the consolidation shall remain the debt of the
consolidated city and property taxes levied to pay the debt may only be
levied by the fire special service district.
(f) If the requirements of subsection (g) are satisfied and the fire
department of an entity listed in subsection (a) is consolidated into the
fire department of a consolidated city, the merit board and the merit
system of the fire department that is consolidated are dissolved on the
effective date of the consolidation, and the duties of the merit board are
transferred to and assumed by the merit board for the consolidated fire
department on the effective date of the consolidation.
(g) A township legislative body, after approval by the township
trustee, may adopt a resolution approving the consolidation of the
township's fire department with the fire department of the consolidated
city. A township legislative body may adopt a resolution under this
subsection only after the township legislative body has held a public
hearing concerning the proposed consolidation. The township
legislative body shall hold the hearing not earlier than thirty (30) days
after the date the resolution is introduced. The hearing shall be
conducted in accordance with IC 5-14-1.5 and notice of the hearing
shall be published in accordance with IC 5-3-1. If the township
legislative body has adopted a resolution under this subsection, the
township legislative body shall, after approval from the township
trustee, forward the resolution to the legislative body of the
consolidated city. If such a resolution is forwarded to the legislative
body of the consolidated city and the legislative body of the
consolidated city adopts an ordinance, approved by the mayor of the
consolidated city, approving the consolidation of the fire department of
the township into the fire department of the consolidated city, the
requirements of this subsection are satisfied. The consolidation shall
take effect on the date agreed to by the township legislative body in its
resolution and by the legislative body of the consolidated city in its
ordinance approving the consolidation.
(h) The following apply if the requirements of subsection (g) are
satisfied:
(1) The consolidation of the fire department of that township is
effective on the date agreed to by the township legislative body in
the resolution and by the legislative body of the consolidated city
in its ordinance approving the consolidation.
(2) Notwithstanding any other provision, a firefighter:
(A) who is a member of the 1977 fund before the effective date
of a consolidation under this section; and
(B) who, after the consolidation, becomes an employee of the
fire department of a consolidated city under this section;
remains a member of the 1977 fund without being required to
meet the requirements under IC 36-8-8-19 and IC 36-8-8-21. The
firefighter shall receive credit for any service as a member of the
1977 fund before the consolidation to determine the firefighter's
eligibility for benefits under IC 36-8-8.
(3) Notwithstanding any other provision, a firefighter:
(A) who is a member of the 1937 fund before the effective date
of a consolidation under this section; and
(B) who, after the consolidation, becomes an employee of the
fire department of a consolidated city under this section;
remains a member of the 1937 fund. The firefighter shall receive
credit for any service as a member of the 1937 fund before the
consolidation to determine the firefighter's eligibility for benefits
under IC 36-8-7.
(4) For property taxes first due and payable in the year in which
the consolidation is effective, the maximum permissible ad
valorem property tax levy under IC 6-1.1-18.5:
(A) is increased for the consolidated city by an amount equal to
the maximum permissible ad valorem property tax levy in the
year preceding the year in which the consolidation is effective
for fire protection and related services by the township whose
fire department is consolidated into the fire department of the
consolidated city under this section; and
(B) is reduced for the township whose fire department is
consolidated into the fire department of the consolidated city
under this section by the amount equal to the maximum
permissible ad valorem property tax levy in the year preceding
the year in which the consolidation is effective for fire
protection and related services for the township.
(5) The amount levied in the year preceding the year in which the
consolidation is effective by the township whose fire department
is consolidated into the fire department of the consolidated city
for the township's cumulative building and equipment fund for
fire protection and related services is transferred on the effective
date of the consolidation to the consolidated city's cumulative
building and equipment fund for fire protection and related
services, which is hereby established. The consolidated city is
exempted from the requirements of IC 36-8-14 and IC 6-1.1-41
regarding establishment of the cumulative building and
equipment fund for fire protection and related services.
(6) The local boards for the 1937 firefighters' pension fund and
the 1977 police officers' and firefighters' pension and disability
fund of the township are dissolved, and their services are
terminated not later than the effective date of the consolidation.
The duties performed by the local boards under IC 36-8-7 and IC 36-8-8, respectively, are assumed by the consolidated city's local
board for the 1937 firefighters' pension fund and local board for
the 1977 police officers' and firefighters' pension and disability
fund, respectively. Notwithstanding any other provision, the
legislative body of the consolidated city may adopt an ordinance
to adjust the membership of the consolidated city's local board to
reflect the consolidation.
(7) The consolidated city may levy property taxes within the
consolidated city's maximum permissible ad valorem property tax
levy limit to provide for the payment of the expenses for the
operation of the consolidated fire department. However, property
taxes to fund the pension obligation under IC 36-8-7 for members
of the 1937 firefighters fund who were employees of the
consolidated city at the time of the consolidation may be levied
only by the fire special service district within the fire special
service district. The fire special service district established under
IC 36-3-1-6 may levy property taxes to provide for the payment
of expenses for the operation of the consolidated fire department
within the territory of the fire special service district. Property
taxes to fund the pension obligation under IC 36-8-8 for members
of the 1977 police officers' and firefighters' pension and disability
fund who were members of the fire department of the
consolidated city on the effective date of the consolidation may be
levied only by the fire special service district within the fire
special service district. Property taxes to fund the pension
obligation for members of the 1937 firefighters fund who were
not members of the fire department of the consolidated city on the
effective date of the consolidation and members of the 1977
police officers' and firefighters' pension and disability fund who
were not members of the fire department of the consolidated city
on the effective date of the consolidation may be levied by the
consolidated city within the city's maximum permissible ad
valorem property tax levy. However, these taxes may be levied
only within the fire special service district and any townships that
have consolidated fire departments under this section.
(8) The executive of the consolidated city shall provide for an
independent evaluation and performance audit, due before March
1 of the year in which the consolidation is effective and before
March 1 in each of the following two (2) years, to determine:
(A) the amount of any cost savings, operational efficiencies, or
improved service levels; and
(B) any tax shifts among taxpayers;
that result from the consolidation. The independent evaluation
and performance audit must be provided to the legislative council
in an electronic format under IC 5-14-6 and to the state budget
committee.

Legislative History

As added by P.L.227-2005, SEC.18. Amended by P.L.1-2006, SEC.560.